Sanitary Sewer Main Easement with The Victory 41 Limited Liability Company for Observation PointADA COUNTY RECORDER J. DAVID NAVARRO 5
BOISE IDAHO 01119104 02:20 PM
DEPUTY Bonnie Oberbillig II I I' II II I I II II ~ II I I) I II II I ~ II I' II II~
RECORDED-REQUEST OF
Meridian City 1~4~9~~53
AMOUNT .00
SANITARY SEWER MAIN EASEMENT
THIS INDENTURE, made this~day of ~~ , 200 between The Victory 41 Limited Liability
Company, the parties of the first part, and hereinafter called the Grantors, and the City of Meridian, Ada
County, Idaho, the party of the second part, and hereinafter called the Grantee;
WITNESSETH:
WHEREAS, the Grantors desire to provide a sanitary sewer main right-of--way across the
premises and property hereinafter particularly bounded and described; and
WHEREAS, the sanitary sewer is to be provided for through underground pipeline to be
constructed by others; and
WHEREAS, it will be necessary to maintain and service said pipeline from time to time by the
Grantee;
NOW, THEREFORE, in consideration of the benefits to be received by the Grantors, and other
good and valuable consideration, the Grantors do hereby give, grant and convey unto the Grantee
the right-of--way for an easement for the operation and maintenance of sanitary sewer main over
and across the following described property:
(SEE ATTACHED "EXHIBIT A"AND "EXHIBIT B")
The easement hereby granted is for the purpose of construction and operation of sanitary sewer
main and their allied facilities, together with their maintenance, repair and replacement at the
convenience of the Grantee, with the free right of access to such facilities at any and all times.
TO HAVE AND TO HOLD, the said easement and right-of--way unto the said Grantee, it's
successors and assigns forever.
IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that the
Grantee, in making future repairs, will expediently replace and restore the premises to a
condition comparable to that existent prior to undertaking such repairs and replacement.
However, the Grantee will not be responsible for repairing, replacing or restoring anypermanent
structures, large trees or brush placed within the area described in this easement.
THE GRANTORS hereby covenant and agree that they will not place or allow to be placed any
permanent structures, large trees or brush within the area described for this easement, which
would interfere with the use of said easement, for the purposes stated herein.
THE GRANTORS do hereby covenant with the Grantee that they are lawfully seized and
possessed of the aforementioned and described tract of land, and that they have a good and
lawful right to convey said easement, and that they will warrant and forever defend the title and
L:\2003\10\31017\SURVEY\LEGALS\31017-sanitarysewer.doc ,p _ I.'n _~
quiet possession thereof against the lawful claims of all persons whomsoever.
IN WITNESS WHEREOF, the said parties of the first part have hereunto subscribed their
signatures tie day and year first hereinabove written.
Fork Restaura~orporation,
;ing Member of The Victory 41 Limited Liability Company
STATE OF IDAHO )
ss.
County of Ada )
On this gl~="day of _L~~~, 200 ,"before me, the dersigned, a Notary Public in and for
said State, personally appeared ~d ~ e S ~ C° ti ~ ~ ^ ,known or identified to me
to be an authorized representative of Royal Fork Restaurant Corporation, said corporation being a
managing member of The Victory 41 Limited Liability Company that executed the within instrument,
and acknowledged to me that such Limited Liability Company executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and
year in this certificate first above written.
GRANTEE: CITY OF T
,Mayor
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by William G.
Approved By City Council On:
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STATE OF IDAHO, )
ss.
County of Ada )
On this ~~ day of ~r~ ~ , 20 before me, the
undersigned, a f+lotaryPublic ~n and for said State, personaAy appeared TAMMX ~[1E
WEERD and WILLIAM G. BERG, JR., known to me to be the Mayor and City Clerk,
respectively, ~ tfae City ref -Meradiara, tdatao, and _who executed the within anstrurxaent, grad
acknowledged to me that the City of Meridian executed the same.
iaV WtTN€SS W~R~EOF, dhave faereurato -set ~y Viand and affixed may
official seal the day and year first above written.
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EXHIBIT "A"
DESCRIPTION FOR
SANITARY SEWER EASEMENT
OBSERVATION POINT SUBDIVISION
JANUARY 28, 2004
AN EASEMENT FOR SANITARY SEWER LINE CONSTRUCTION AND
MAINTENANCE, LOCATED IN LOTS 1, 2, 3, AND 4, BLOCK 2, OBSERVATION
POINT SUBDIVISION, LYING IN THE SE 1/4 OF THE SW 1/4 OF SECTION 19,
TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN, CITY OF MERIDIAN,
ADA COUNTY, IDAHO, BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
COMMENCING AT THE SOUTHWEST CORNER OF SECTION 19, TOWNSHIP 3
NORTH, RANGE 1 EAST, BOISE MERIDIAN; THENCE S 89°42'45" E 1422.44
FEET ALONG THE SOUTH LINE OF SAID SECTION 19 TO A POINT; THENCE
N 0° 17' 15" W 48.00 FEET TO A POINT ON THE NORTHERLY RIGHT OF WAY
LINE OF E. VICTORY ROAD, SAID POINT BEING THE REAL POINT OF
BEGINNING OF THIS EASEMENT DESCRIPTION;
THENCE N 00° 17' 15" W 104.38 FEET TO A POINT;
THENCE N 66°28'06" W 125.71 FEET TO A POINT;
THENCE N 40°00'00" E 151.60 FEET TO A POINT ON THE SOUTHERLY RIGHT
OF WAY OF E. OBSERVATION DRIVE;
THENCE ALONG SAID RIGHT OF WAY, S 50°00'00" E 20.00 FEET TO A POINT;
THENCE S 40°00'00" W 106.33 FEET TO A POINT;
THENCE S 53°24'50" E 108.10 FEET TO A POINT;
THENCE S 00° 17' 15" E 111.88 FEET TO A POINT ON THE NORTHERLY RIGHT
OF WAY OF E. VICTORY ROAD;
THENCE ALONG SAID RIGHT OF WAY, S 89°42'45" W A DISTANCE OF 16.00
FEET TO A POINT TO THE REAL POINT OF BEGINNING OF THIS EASEMENT;
MICHAEL E. MARKS P.L.S. N0.4998
L:\2003\10\31017\SURVEY\LEGALS\31017-ssease.doc
EXHIBIT "B"
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48.00' i 16.00' 19
24 19 N 89'42'45"E 292.15' ~
- - 1130.29'
25 30 -------N 8s• 42' 45" E 1422.44'---------- E. VICTORY ROAD 30
SANITARY SEWER EASEMENT
BRIGGS ENGINEERING. INC. SANITARY SEWER EASEMENT REVISION
~;, OBSERVATION POINT SUBDIVISION
'B1R I G G S LOCATED IN THE SE 1/4 OF THE SW 1/4 SHEET
SECTION 19, T.3N., R.1 E., B.M., MERIDIAN, ADA COUNTY, IDAHO
(208)344-9700
1800 w. OVERLAND ROAD DESIGN DRAFT SCALE DATE DWG.NO.
BOISE, IDAHO 83705 BEB 1 " = 100' 01 /29/04 31017 31017-SEWER.DWG
City of Meridian, Public Works
Engineering
Inter~Office Memo
Toe Tara Green
Frown Karie Glenn
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Rec Original /Recorded Docs for Vault
1) Sanitary Sewer Main Easement for Observation Point by Victory 41 LLC
2) Satisfaction of Non Build Agreement for Lot 5/ Bloc 1 Westborough Subdivision (Gokicreek
Developers)
From the desk of...
Karie A Glenn
Dept. Speciakst Supervisor
Public Works: Engineering Division
860 E Watertowrer Ste 200
Meridian, Idaho 83642 2600
~~? 896-5600
Fax: (208) 898-9551
• Page 1
Meridian City Council
April 6, 2004
Page 3 of 68
anything else you wanted to add?
Wood: We appreciate the opportunity and just thank you for honoring these young men
and these young ladies and some of them that are just a little bit older, we are grateful,
we are happy to be a part of the City of Meridian and to be smack in the downtown
section. You continue to do a great job of making this a wonderful place to live and we
appreciate being here. So, thanks again for this opportunity.
Nary: Thank you.
Bird: Thank you for your representation of us.
Item 5: Adoption of the Agenda:
De Weerd: What a great way to start a meeting off. Okay. We have item number five,
adoption of the agenda.
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: I would move that we approve the agenda as published.
Rountree: I'll second.
De Weerd: Okay. It's been moved and seconded to adopt the agenda as published.
There was an a-mail to defer one of the items --
Bird: On Redfeather.
De Weerd: On what? Redfeather.
Bird: But that's on Consent, which I thought we'd take care of there at that point, if that's
okay with you, Madam Mayor.
De Weerd: Okay. Yes. Okay. All those in favor of adopting the agenda as presented
say aye. Okay. All ayes. Motion carried.
MOTION CARRIED: ALL AYES.
Item 6: Consent Agenda:
A. Approve minutes of February 24, 2004 City Council Regular
Meeting:
B. Approve minutes of March 9, 2004 City Council Regular Meeting:
Meridian City Council
April 6, 2004
Page 4 of 68
C. Approve minutes of March 16, 2004 City Council Regular Meeting:
D. Tabled from March 23, 2004: Findings of Fact and
Conclusions of Law for Approval: AZ 03-022 Request for
annexation and zoning of 5 acres from RT to C-G zones for Kissler
(Deals Parcel) by BRS Architects -southeast corner of East Ustick
Road and North Eagle Road:
E. Tabled from March 23, 2004: Findings of Fact and
Conclusions of Law for Approval: AZ 03-021 Request for
reconsideration for annexation and zoning of 114.52 acres from
RUT to R-8 (PD) and C-G zones for proposed Redfeather Estates
Subdivision No. 2 by Packard Estates Development, LLC -south
of East Ustick Road and east of North Eagle Road:
F. Tabled from March 23, 2004: Findings of Fact and
Conclusions of Law for Approval: PP 03-024 Request for
reconsideration for revised Preliminary Plat approval of 302 building
lots and 28 other lots on 90.29 acres in a proposed R-8 (PD) zone
for proposed Redfeather Estates Subdivision No. 2 by Packard
Estates Development, LLC -south of East Ustick Road and east of
North Eagle Road:
G. Tabled from March 23, 2004: Findings of Fact and
Conclusions of Law for Approval: CUP 03-041 Request for
reconsideration for revised Conditional Use Permit for a Planned
Development for single-family residential use with reduced
setbacks, lot sizes, lot frontages, house sizes and increased block
lengths for proposed Redfeather Estates Subdivision No. 2 by
Packard Estates Development, LLC -south of East Ustick Road
and east of North Eagle Road:
H. Tabled from March 23, 2004: Findings of Fact and
Conclusions of Law for Approval: PP 03-043 Request for
Preliminary Plat approval for 11 commercial building lots 1 common
lot on 15.8 acres in a C-G zone for Sparrowhawk Subdivision by
David Waldron -northeast corner of North Nola Road and East
Franklin Road:
I. Tabled from March 23, 2004: Findings of Fact and
Conclusions of Law.for Approval: CUP 03-066 Request for a
Conditional Use Permit for a modification to the existing Conditional
Use Permit (Planned Development) for _S_parrowhawk Subdivision
by David Waldron -northeast corner of North Nola Road and East
Franklin Road:
Meridian City Council
April 6, 2004
Page 5 of 68
J. Tabled from March 23, 2004: Findings of Fact and
Conclusions of Law for Approval: CUP 03-068 Request for a
Conditional Use Permit for professional office and retail use in a C-
Gzone as required by the Final Plat for Mallane Professional
Offices by Thomas R. Williams -south of North Hickory Way and
north of East Fairview Avenue:
K. Findings of Fact and Conclusions of Law for Approval: AZ 03-
035 Request for Annexation and Zoning of 70.64 acres from RUT
to R-8 zone for proposed Settlement Brids~e Subdivision by
Capital Development - 2205 East McMillan Road:
L. Findings of Fact and Conclusions of Law for Approval: PP 03-
041 Request for Preliminary Plat Approval of 266 single-family
residential building lots and 34 common lots on 70.64 acres in a
proposed R-8 zone for proposed Settlement Bridge Subdivision
by Capital Development - 2205 East McMillan Road:
M. Findings of Fact and Conclusions of Law for Approval: CUP
03-065 Request for Conditional Use Permit for a Planned
Development to allow single family residential and attached single
family in a proposed R-8 zone for proposed Settlement Brids~e
Subdivision by Capital Development - 2205 East McMillan Road:
N. Findings of Fact and Conclusions of Law for Denial: PP 03-
045 Request for Preliminary Plat approval of 18 building lots and 3
other lots on 5.7 acres in an L-O zone for proposed Roundtree
Subdivision by Rennison Engineering -north of West Pine
Avenue and east of North Linder Road:
O. Findings of Fact and Conclusions of Law for Denial: CUP 03-
069 Request for a Conditional Use Permit for a Planned
Development for 18 residential 4-plex buildings on one lot in a L-O
zone for proposed Roundtree Subdivision by Rennison
Engineering -north of West Pine Avenue and east of North Linder
Road:
P. Resolution No. Computer Surplus
Resolution:
Q. Streetlight Agreement for Lochsa Falls #4:
R. Streetlight Agreement for Lochsa Falls #5:
S. Streetlight Agreement for Lochsa Falls #6:
Meridian City Council
April 6, 2004
Page 6 of 68
T. Streetlight Agreement for Project 1:
U. Franklin Road Re-Build Project -Sewer and Water Change
Order Authorization:
V. Victory Road Construction Change Order for Irminger
Construction:
W. Victory Road Design Change Order for Civil Survey:
X. Well 20B Design Contract with CH2MHILL:
Y. Well #20B Oversight with Hydro Logic:
Z. Lift Station SCADA Installation with Custom Electric:
AA. Scoping Study - WWTP Backup Power Main Feed with DC
Engineering:
BB. Well 26 Design and Construction Services with Civil
Engineering:
CC. Well 26 Test Well Oversight with Hydro Logic:
DD. Well No. 15 Rehabilitation:
EE. Sanitary Sewer Main Easement for Victory 41, LLC
(Observation Point Lot 2 /Block 2:
FF. Sanitary Sewer Easement for Redfeather Subdivision by
Melvin R. and Norma E. Schrammeck Trust:
GG. Sanitary Sewer and Water Main Easement for Redfeather
Subdivision by Bart L. Bryson:
HH. Award of Bid -- Ashford Greens Lift Station Portable
Emergency Power System Procurement:
II. Installation of Security Enclosures for Test Wells with Hydro
Logic:
JJ. Update Proposal /Agreement for City of Meridian Program and
Space Needs Analysis:
KK. Tabled from March 23, 2004: Development Agreement: AZ
03-018 Request for annexation and zoning of 43.86 +/- acres from
Meridian City Council
April 6, 2004
Page 7 of 68
RT to C-G zones for Kissler / Cobbs / Eaav / Ruwe by BRS
Architects -southwest corner and southeast corner of North Eagle
Road and East Ustick Road:
LL. Development Agreement for R2 Development, Inc. Olsen and
Bush Industrial Park No. 2:
MM. Contract for Services between the City of Meridian and The
Hudson Company for Site Selection Process for City Hall:
NN. Approval to cash $500.00 deposit for a street tree at 1409 N.
Main Street:
00. Request to transfer funds in the amount of $13,000.00 from the
Lochsa Falls P.A.L. Soccer Account to Bear Creek Park
Account to complete sidewalks, service road, and irrigation
pump building:
PP. Beer, Wine, and Liauor License Renewals:
Kahootz Pub Sl Eatery -Beer & Wine
Winco Foods - Beer 8~ Wine
Rite Aid -Beer Sz Wine
Johnny Carino's - Beer ~ Liquor
Albertson's #164 -Beer & Wine
Albertson's #180 -Beer & Wine
QQ. Approve Bills:
De Weerd: Item number six is the Consent Agenda.
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: On the Consent Agenda, Items E, D and F, the Redfeather Estates would like to
be tabled to April 13th, 2004.
Rountree: E, F and G.
Bird: Yes. E, F and G. With that I would make a motion that we approve the Consent
Agenda as noticed and for the Mayor to sign and the clerk to attest on all proper papers.
Nary: Madam Mayor?
De Weerd: Yes, Mr. Nary.
Meridian City Council
April 6, 2004
Page 8 of 68
Nary: Oh. Second. I'm sorry. I'll second.
De Weerd: Okay.
Nary: And the resolution, Mr. Bird, is 04-429.
Bird: Okay.
De Weerd: Okay. It's been moved and seconded to adopt the agenda as amended.
Any further discussion? Mr. Clerk, will you call roll.
Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Nary, yea.
MOTION CARRIED: ALL AYES.
Item 6: Department Reports:
A. Mayors Office:
1. Employee Awards for Service Program:
De Weerd: Okay. Item six is the department reports and it looks like I'm up. I will be
coming back with a program to you next week that's fully packaged, but I did want to
give you an overview of what you will be seeing next week and invite you to comment in
between now and then if you have any items. But in the past we have recognized our
employees with longevity and service to our community with a certificate at an annual
event. Last year that event didn't happen and we have been talking about how best to
recognize these years of service and we have a lot of long-time and long-term
employees that we feel would -- does merit -- and usually they are at the end of their
pay scale and usually do not participate in any increases. So, I do have a program that
will be coming in front of you next week and so you can take a look at that and vote on
them. But we will be recognizing, again, employees that serve at the five, ten, 15, 20
and 25 plus year milestones. And so I did want to let you know that that will be coming
forth as well.
2. Board of Appeals:
De Weerd: Item number two, Board of Appeals. You received in your packet that we
do have someone that is appealing a building permit and so I would like to appoint Gary
Smith as our Board of Appeals -- that he would be able to appoint that board -- have the
authority to appoint that board. We did give you a list of names. Those are those to be
considered, but not necessarily a hundred percent. We are kind of looking -- taking a
look at the fire line as maybe getting a couple of other names, but at this point I would
like to at least grant the authority to our Public Works Director to appoint this board, so
we can proceed forward with the appeal.